Hermax Co. v. Commissioner

Third Circuit Court of Appeals

Argued June 14, 1949.

Decided July 29, 1949.

Third Circuit Court of Appeals · decided 1949-07-29

2 counsel of record

Relies on Hermax Co. v. Commissioner

Opinion by (per_curiam) · Decided 1949-07-29

¶1Murray M. Weinstein, Newark, N. J., for appellant.

¶2Louise Foster, Washington, D. C. (Theron Lamar Caudle, Asst. Atty. Gen., Ellis *777N. Slack, Robert N. Anderson, Sp. Assts, to the Atty. Gen., on the brief), for appellee.

¶3Before BIGGS, Chief Judge, and MCLAUGHLIN and O’CONNELL, Circuit Judges.

¶4PER CURIAM.

¶5We agree with ‘the Tax Court that the taxpayer has not shown reasonable cause for its failure to file personal holding company returns. Cf. our decision in Hatfried, Inc. v. Commissioner of Internal Revenue, 162 K2d 628. It follows that the taxpayer must be held liable for the statutory penalty for the years involved. Accordingly the decision of the Tax Court will be affirmed on its decision as reported in 11 T.C. 442.